Terms and conditions
§ 1 Scope
(1) These General Terms and Conditions (hereinafter: GTC) apply to all accommodation contracts between us, Bührmann Hotel GmbH, registered with the Bremen District Court HRB 26532 HB represented by the Managing Director Theo Bührmann VAT ID: DE305105437 Phone number 0421 27862240
E-mail address: firstname.lastname@example.org
and you as our customers. They apply to private individuals (consumers) and to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB. (2) These GTC apply to accommodation contracts for the rental of the agreed hotel room with the agreed furnishings (hereinafter referred to as "hotel room") for the agreed duration of stay as well as all services provided for you in this context in the respective hotel. (3) The version of the GTC valid at the time of conclusion of the contract shall apply.
§ 2 Conclusion of contract
(1) By reserving a hotel room, you offer us the conclusion of an accommodation contract. Offers from our side for the conclusion of an accommodation contract are subject to change and non-binding. We may, at our own discretion, refuse to conclude an accommodation contract with you. (2) The accommodation contract is concluded by your payment of the accommodation price. (3) If you do not pay the accommodation price in advance, you will receive a reservation code. The contract is then concluded by the transmission of the reservation code. (4) We point out that reservation numbers that you receive from third parties (booking.com) are not identical with our reservation number. You can request the reservation number from us. (5) You have no claim to the provision of a specific hotel room or to the fulfillment of special requests that go beyond the provision of a hotel room. You are only entitled to the provision of a hotel room of the room category booked by you.
§ 3 Reservation, Cancellation; Non-utilization of the Hotel Room
(1) The following term "cancellation" means your withdrawal from the accommodation contract. The following term "arrival day" means the first day of the booking period. The following term "departure day" means the corresponding last day of the booking period. (2) If you do not check in at the hotel, the reservation expires without replacement and the reserved rooms go on sale. In this respect, you no longer have a claim to the provision of a hotel room. (2) You can cancel free of charge until 3:00 p.m. three days before arrival. (3) In the event that reservations are canceled, you remain obligated to pay the overnight rate for the first night. In this case, we are free to rent the room to someone else. (4) In the case of reservations lasting several days, the above regulation regarding no-shows applies accordingly. If you do not arrive, all nights following the night of the day of arrival will be cancelled. In this case, you have no claim to a hotel room for the following nights.
§ 4 Arrival and departure
(1) We will provide you with the hotel room in the agreed room category or equipment on the day of arrival, usually from 14:00. You have no right to earlier provision of the hotel room. (2) For access to the hotel and the hotel room you will receive an access code by e-mail after receipt of payment. If you have not paid the accommodation price in advance, you will receive a reservation code that must be entered at the check-in machine located in the hotel. In this case, the check-in machine will provide you with the access code after payment of the overnight rate. (3) On the day of departure, you must vacate your hotel room by 10:00 a.m. at the latest and return it undamaged. Thereafter, we may charge you 100% of the accommodation price of the previous day due to the late vacating of the room for its use in breach of the contract. You are allowed to prove that we have not incurred any damage or only a significantly lower damage, we are free to disprove this.
(1) Use of the hotel room by persons other than those indicated in the reservation is prohibited. The maximum occupancy for the respective room category may not be exceeded. Children and babies count as adults. (2) The resale, subletting or brokering of booked rooms is prohibited, unless otherwise expressly agreed in writing. (3) You are obligated to observe our house rules during your stay at the hotel. (4) It is prohibited to consume tobacco products (especially cigarettes, cigars, pipes) and tobacco or smoking substitutes (especially e-cigarette) in the hotel rooms. In case of violation, we are free to charge you the (basic) cleaning costs for the consequences of the non-permitted consumption or to charge a lump sum ("liquidated damages"). In the case of a lump sum, you are free to prove that the actual costs incurred are lower.
§ 6 Accommodation prices and other prices
(1) You are obliged to pay the agreed accommodation price. This represents the consideration for the provision of the hotel room by us. Per overnight stay - regardless of the actual use or overnight stay - a full overnight rate is charged. (2) The agreed prices shall apply. (3) The prices shown are in each case inclusive of the applicable value added tax as well as all statutory taxes, fees and charges, unless this is expressly stipulated otherwise.
§ 7 Terms of payment
(1) The accommodation prices are due for payment in advance when booking via the website gaestehaus-fliegendesperlhuhn.de as well as booking.com. (2) When booking via the website gaestehaus-fliegendesperlhuhn.de, the overnight price is paid with the payment provider Sixpayments. (3) If you reserve the room via the check-in machine, the payment is due immediately. You pay the overnight price with Sixpayments. (4) You can only assert rights of set-off and retention if the underlying counterclaims are undisputed or legally established.
§ 8 Liability of the host
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. (2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act and the applicable data protection regulations shall remain unaffected by the above limitations and exclusions of liability. (4) Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents. (5) You must notify us immediately of any disruptions or defects in our services. We will endeavor to remedy the situation if we become aware of the defect or if we receive a complaint without delay. You are obligated to contribute what you can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. (6) We shall be liable for items brought in in accordance with the statutory provisions.
§ 9 Theft and damage
In the event of theft or damage to your belongings, as well as in the event of fire, water damage or other damage in the hotel room, you must inform the hotel staff immediately and do everything reasonable that can be helpful in clarifying the theft or repairing the damage.
§10 Duties and liability of the guest
(1) You must treat hotel rooms and any items provided as well as the jointly used rooms and items made available with care and ensure that the use of other rooms or common areas is not impaired; this applies in particular to noise pollution. (2) We have the sole domiciliary rights in all rooms and on the premises. (3) You shall be liable to us for all damage to the rooms, furnishings, equipment and facilities provided for use resulting from negligent, grossly negligent and/or intentionally harmful use or treatment by you to the full amount of the replacement value (same, equivalent item, new price, new equipment, furniture). The same applies to all damage caused by you to the other (common) rooms, furnishings, equipment and facilities. Obligations regarding the use of the premises are also governed by the house rules. (4) Bringing pets is allowed. Guests who bring pets agree that this is done under the condition that the pets are under the constant supervision of the guest, are free of diseases and do not pose any other danger to the hotel guests and staff. A maximum of two pets per room are allowed.
§ 11 Special circumstances of termination of the accommodation contract
We are entitled to terminate the accommodation contract in particular if you are under the influence of illegal drugs during your stay in the hotel, use the hotel room for commercial activities with customer traffic, use the hotel room for prostitution, repeatedly insult hotel staff or other hotel guests despite warning.
§12 General provisions
(1) Amendments and supplements to the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in text form. Unilateral changes or additions by you are invalid. (2) The law of the Federal Republic of Germany shall apply. (3) The place of performance and payment is the registered office of the hotel, Bremen. If a contractual partner fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Bremen. However, we are entitled to bring actions and other legal proceedings also at your general place of jurisdiction. Bremen, April 2019